My governor friend and I were discussing the implementation of the 2010 Constitution. He used a metaphor to speak about the progress made thus far: the constitution gave birth to a beautiful child destined to grow and transform all the ideological, social, economic, cultural, spiritual and political aspects of our Kenyan society.
The ultimate goal of this transformation would be to replace the neocolonial status quo with a free, just, equitable and egalitarian, peaceful, prosperous, ecologically safe and democratic society. Such a society would form the basis on which to hold a national discussion of its weaknesses and, based on this dialogue, consequently build a firm foundation for yet another, better society, at which point it would come as no surprise if another new constitution were to be promulgated.
We the people of Kenya, having created the constitution, not only imposed it on the ruling elite but we then proceeded to hand over the baby to the same elite—a political leadership of child and body parts traffickers—to bring it up. A progressive constitution requires a progressive political leadership for its implementation.
The struggles of constitution-making do not end with its promulgation. Its implementation continues the struggles between the anti-constitution forces and those forces that call for its robust implementation and, as we approach the tenth anniversary of the promulgation of the 2010 Constitution on 27 August 2020, the struggle for its implementation continues unabated.
Genesis of the Struggle
The independence constitution gave birth to a neocolonial system that ensured the colonial state remained intact. Indeed, under that constitution, the multi-racial and multi-ethnic ruling elite continued to protect foreign interests, including the British colonial powers that never left Kenya. Therefore, it is not surprising that the independence constitution was resisted right from the time of its promulgation.
The opposition party, the Kenya People’s Union (KPU), opposed the neocolonial status quo. Both Jaramogi Oginga Odinga’s book, Not Yet Uhuru and Bildad Kaggia’s The Roots of Freedom chronicle this fact. Both authors were founding members of KPU. Underground political formations such as The December Twelfth Movement and Mwakenya, and their publications Mwunguzi, Cheche, Pambana and Mpatanishi, also resisted the neocolonial state and its policies.
The so-called Second Liberation movement was premised on the repeal of Section 2A of the constitution that decreed the supremacy of one-party dictatorship. The movement also sought to have a constitution that would be aligned to the promise of a multi-party democracy while civil society organisations and opposition political parties continued the struggle for a new constitution. When the Moi-KANU dictatorship was defeated in 2002, the Kibaki-KANU-NARC dictatorship could not resist the people’s clamour for a new constitution and the 2010 Constitution was promulgated on 27 August 2010.
Gains and Challenges
The vision of the 2010 Constitution makes clear the rejection of the neocolonial status quo and affirms the supremacy and sovereignty of the Kenyan people as those with the powers to recall their representatives in parliament. The constitution provides for gender equity and equality and reiterates that the three arms of government derive their authority from the people. It promotes a political leadership comprised of men and women of integrity and national institutions that are independent and whose authority is derived from the people of Kenya. The constitution eschews the politics of division and calls for institutionalised, de-personalised, and democratic political parties, signaling the end of 47 years of gross electoral injustices.
We have a progressive Bill of Rights running the whole gamut of political, civil, economic, social, and cultural rights: decentralisation and democratisation of the imperial presidency to devolution; holding institutions, particularly those in finance and security, accountable to the power of the constitution; equitable distribution of national resources; the protection of land, our major resource, through the reduction to 99 years of the duration of leases given to foreign interests and the creation of a new land law regime that is communitarian to co-exist with a tenure system under which land is commodified (the co-existence of the two land tenures systems is envisaged as a strategy to build a future system that is based on access and use of land to all).
The neocolonial status quo served strong, dangerous, greedy and corrupt foreign and national interests that saw the promulgation of the 2010 Constitution as an inconsequential hiatus. This position has been resisted, reflecting the continued struggles for its implementation which has seen both progress and retrogression. Firstly, the imperial presidency has not been fully democratised and decentralised. Its restructuring has been resisted. It continues to oversee opaque sovereign debts and corruption and, against the provisions of the constitution, continues to maintain the colonial and neocolonial machinery of violence. Both the Treasury and the security apparatus are still departments of the imperial presidency contrary to the decrees of the constitution. And nor has there been consistent support for devolution from the imperial presidency and some institutions have become less independent while others have become moribund. No strong checks and balances exist.
We have witnessed the return of intra-elite struggles christened with various monikers: Tanga Tanga, Kieleweke, Tinga Tinga, Manga Manga, BBI, Dynasties, Hustlers. These struggles portend possible violence during the elections in 2022. They are also a reflection of a ruling elite that has maintained the politics of division (ethnic, religious, gender, generational, regional, clan, class, occupation and race) and that is extremely callous in its politics of inhumanity. It is an elite that continues to act as the loyal comprador class of foreign interests in the West and East. The forces massed against the implementation of the constitution are headquartered in the bosoms of the Kenyan elite.
Devolution has engendered in Kenyans the belief that resources will be shared equitably, that Kenya will become peaceful and stable, and that projects of state-building and nation-building will be strengthened. Under devolution, baby steps have been taken towards ending the marginalisation of certain counties and communities. In some counties, the sharing of state power with the grassroots through public participation has taken place and in others the leadership has resisted corruption.
Although the jurisprudence on Chapter 6 of the Constitution (Leadership and Integrity) is yet to be settled in the Supreme Court, we have witnessed progressive jurisprudence on the protection of devolution as well as on the implementation of the Bill of Rights (in particular political, civil, housing, evictions and public interest litigation) and on the overall protection of the independence of the judiciary.
We have seen attempts by the imperial presidency and parliament to thwart this positive trend by starving the judiciary of funds. Court orders have been disobeyed, weakening the constitution and the rule of law. Both the imperial presidency and the neocolonial parliament still believe that national resources belong to them and that—as those who hold the taxpayers’ money in trust—they are not accountable to the people from whom both institutions derive their powers.
We have also witnessed robust protection of the constitution from civil society groups, both in the middle class and at the grassroots. We have seen the emergence of movements that are calling for alternative leaderships at the helm of the movements of transformation and political parties. We have also heard the clarion call that “We do not want reforms from the current political leadership; We want the political power to carry out authentic reforms. We are now the authentic people’s opposition”. The emancipatory spirits of Mau Mau, the independence movements, the movements against neocolonialism, Saba Saba and Limuru have been resurrected. In all these movements, the centrality of the Kenyan youth is visibly signaling new political demands from those who have been marginalised by the system.
Coronavirus: Breath of New Life into the Struggle?
Indeed, the pandemic has provided a great opportunity to continue the struggle for the implementation of the 2010 Constitution. I believe the pandemic has brought with it the answer to the ever-present political question in Kenya: Who are the friends and who are the enemies of the Kenyan people?
The pandemic has further exposed the inhumanity of the state and the elite political leadership by their actions during this crisis: extrajudicial killings; demolition of the housing of the poor in Kariobangi Sewerage and at Ruai; disobedience of court orders in regard to the pandemic; refusal to take steps to progressively bring about the realisation of the public good under Article 43 of the Constitution (food, water, education, social security, health, sanitation); and, with the exception of two, a lack of response through social justice philanthropy from the billionaires and multi-millionaires and their infamous foundations.
If any evidence were needed to show how uncaring our state and the ruling class are towards the majority of the population, it is in their demands that the poor wash their hands while failing to provide them with soap and water using the resources that they hold in trust for the people.
To oppress the poor for not wearing masks was callous in the extreme, while lockdowns and curfews became death sentences for those who had no food and those looking for casual jobs to survive. No resources were committed to implementing the right to health for all. Indeed, all we heard were the familiar tales of corruption as the pandemic provided the elite class with another opportunity to indulge their unquenchable thirst for theft and debts.
One positive effect of the pandemic has been to hasten the national discussion on the formation of alternative political movements and leaderships. Many virtual meetings and launches have been convened, events ironically made possible by the very tools developed by surveillance capitalism.
Alternative transformative movements are growing in strength. Embryonic alternative political parties exist, their mobilisation and organisation energised by the pandemic. The merger of these movements and political parties is no longer an abstract idea and, as they move in from the margins, the old normal of before the pandemic—which was neither acceptable nor sustainable—is no longer guaranteed a further lease of life.
Indeed, the pandemic has breathed some life into the struggles for the implementation of the constitution. Calls by the elite to change the constitution have been met with demands to tekeleza katiba, implement the constitution. The good news to me seems to be that this herculean struggle will result in the baronial narrative that has gone unchallenged for the last 57 years facing the resistance of strong counter-narratives. Ironically, it is these counter-narratives, these alternative movements and political leaderships that will protect the baronial elites from themselves and their politics of revenge, and guarantee the national peace that the elite have shown themselves to be incapable of providing.
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Changes in Suicide Reporting Welcome, but Slow
Without a deeper understanding of the harm insensitive reporting on suicide causes, attempts to change may be wrongly deemed as political correctness.
Earlier this year, the Baraza Media Lab and the Centre on Suicide Research and Intervention published a report that looked at how broadcasting stations report on suicide on social media. Its contents were sobering. Many leading media houses were found to report suicide as a criminal act. Reports also contained harmful elements such as descriptions of suicide methods and imagery of suicide and did not provide helpful information for readers who may be thinking of suicide.
So how have journalists been reporting on suicide since the data was collected? A very cursory survey of news outlets on social media shows reasons for both optimism and worry. Over the course of 2023, media outlets have published more stories about mental health, indicating an increasing awareness of it. This year has also seen an increased number of responsibly written social media posts that take into account the need for sensitivity on suicide.
Now, the negatives. Knowledge on responsible reporting of suicide, while improved, remains inconsistent across news operations. Real progress will require further integrating social media into editorial processes, subjecting its copy to as much rigour as the stories themselves to ensure errors are not introduced once stories are completed. Also, many insensitive references to suicide on social media were accurately reproduced from news stories.
The term “committed suicide” continues to appear on news websites, even in stories where responsible reporting would be expected, such as those that explore the risk factors of suicide. Stories use the insensitive word “suicidal” in phrases like “treating suicidal people as criminals” and “people who are suicidal”. The same insensitivity is also observed in the phrase “mentally ill” – ironically in stories that call for acts of suicide to be decriminalised.
It’s not clear that all journalists understand why respectful reporting on suicide is necessary. It was interesting – and revealing – to see a media outlet’s official X account, formerly known as Twitter, include both the terms “died by suicide” and “committed suicide” in the same tweet.
News websites continue to narrate morbid details about the manner of death by suicide. You are still likely to find phrases like “the body was found hanging in his room”, a man “who set himself ablaze” and “doused himself in a flammable substance before setting himself ablaze while carrying the Kenyan flag”. The imagery of suicide, with the noose particularly prominent, continues to be used in stories, inadvertently advertising hanging as a suitable method.
It’s not clear that all journalists understand why respectful reporting on suicide is necessary.
Media outlets aired insensitive footage. One camera focused on a woman overcome with emotion, who understood she was being filmed. One story goes as far as to narrate that instead of dissuading the deceased from taking his own life, a bystander handed him a lighted match and taunted him over unsuccessful attempts to light himself on fire, displaying the contempt people have for people thinking of suicide and inviting viewers to agree with those ideas.
The approach to reporting suicide varies depending on whether the person who died by suicide had committed a violent crime just prior, usually another killing. Reports are more likely to use “died by suicide” where the only death reported is by suicide. On the other hand, when person who died by suicide had killed another person, the phrase “committed suicide” is used freely.
The approach to reporting suicide varies depending on whether the person who died by suicide had committed a violent crime just prior, usually another killing.
Yet the same responsibility to reduce the prominence of suicide applies even in the context of crime reporting, and steps that broadcasters take to make footage of murders acceptable, such as using trigger warnings and black and white for bloodstains, may still be unacceptable in the context of suicide prevention. According to a 2021 brief by the University College Cork, Ireland, no graphic footage should be used in reporting murder-suicides, and care should be taken to discourage copycats, or position murder-suicide as a solution to anything.
Without a deeper understanding of the harm insensitive reporting on suicide causes, attempts to change may be wrongly deemed as political correctness, resulting in disrespectful coverage that tries to “say it as it is” and neglects to include sources of help for people who may be thinking of suicide.
Why President Kagame Should Not Run for a Fourth Term
The 2024 elections in Rwanda are an opportunity for the country to move away from strongman leadership to enable the emergence of strong institutions and a governance that is more tolerant of critics.
The constitution of Rwanda was amended in 2015 to allow President Paul Kagame to stand for a third term of seven years. Kagame was re-elected in 2017 and his term ends in 2024. The change in the constitution also allows him to stand for a fourth and a fifth five-year term. In my view, President Kagame should not run for a fourth presidential term in the 2024 elections.
President Paul Kagame was appointed Vice President and Minister for Defence on 19 July 1994, immediately after the end of the war and the Rwanda genocide. When President Pasteur Bizimungu resigned in 2000, Kagame was elected by the Transitional National Assembly to replace him. Three years later, in 2003, Kagame was elected president and has been president of Rwanda for over two decades. He has, therefore, risen to higher levels of decision-making over three decades, a sufficient period of time during which to oversee the implementation of policies he thought would advance the betterment of Rwandans. Kagame should, therefore, consider letting another willing and capable Rwandan build upon his achievements and continue to advance Rwanda’s interests. Indeed, under Kagame’s leadership, Rwanda has made some achievements but there are also shortcomings.
First, from a war-torn country, Rwanda has emerged to become a state with well-defined and functioning structures and institutions supported by fairly clear legislations. In my opinion, this has been achieved thanks to Kagame’s administration’s commitment to bring about change in Rwanda manifested immediately after the end of the war and the genocide against the Tutsi.
Second, Rwanda has also made some economic gains even though these can be challenged in many aspects. In 2000, Kagame made a pledge to transform Rwanda from a low- to a middle-income country driven by a knowledge economy by 2020. Since then, the Rwandan economy has grown significantly and its GDP per capita has increased from USD304 in 1995 to USD940 in 2022. The country’s human development index has soared and Rwanda has been recognised by the World Health Organization as one of the countries that are performing well on the goal of achieving universal health coverage. The country’s life expectancy has increased significantly, from 47 years in 2000 to 67 years in 2020. Moreover, according to UNICEF, the government has made some improvements in expanding education for all across Rwanda.
Lastly, through a meticulously executed campaign of communication, compelling narratives have been disseminated across the world that speak well of Rwanda. This along with the country’s commitment to deploy its soldiers to multinational peacekeeping missions across the world (Rwanda ranks fourth on the list of countries that contribute in peacekeeping in the world) has enabled Rwanda to strengthen its foreign relations with other countries and project its image as a development success story.
There are certainly more achievements that President Kagame has made during his 30 years in leadership that his replacement can learn from and retain to move Rwanda forward. However there are shortcomings. Kagame managed to put the country back on the world map but failed to create an environment for the country’s citizens to exercise their fundamental rights and freedoms.
Upon taking power following a military victory, his political party, the Rwandan Patriotic Front (RPF), pledged a consensual democracy to Rwandans. But over time this democracy has transformed into a political system that suppresses political dissent, restricts pluralism and curtails liberty in Rwanda. Most affected are those who dare or are perceived to challenge his government’s narrative in Rwanda and abroad. In many instances, Kagame’s government has abused its power, colluding with the judicial system to criminalise his critics. As a result, Rwanda has repeatedly been categorised as not a free country by Freedom House.
This has led to independent and inter-governmental human rights organisations and representatives of developed countries that financially support Rwanda to publicly criticise his leadership for lack of political inclusion, human rights violations and the overall democracy deficit in Rwanda. This situation continues to tarnish Rwanda’s reputation that Kagame’s leadership has been working hard to restore.
Furthermore, independent reports on the development of democracy and governance throughout the world – and in Africa in particular – all point out that citizen participation in Rwanda remains limited, as do local NGOs.
Political participation in Rwanda is limited only to those who adhere or are willing to be affiliated to his political party, the RPF. This has prevented the emergence of a genuine opposition that could have provided checks and balances across institutions in Rwanda. The repercussions are that lack of accountability within public institutions is rampant and Kagame has many times publicly criticised officials in his administration for not delivering as they should. In fact, the pledge he made in 2000 to transform Rwanda into a middle-income country driven by a knowledge economy has not materialised and Rwanda remains a low-income country to date.
Failure to effectively engage citizens in decision-making has also resulted in the implementation of development policies that do not meet the immediate needs of the population. Hence, the economic gains made by Kagame’s administration can be challenged in many aspects as previously pointed out. For instance, substantial public funds have been invested in the development of the Meetings, Incentives, Conferences, and Exhibitions (MICE) sector while less has been allocated to education, agriculture, and rural infrastructure development. Thus, despite remarkable economic growth and a significant improvement in the human development index registered by Rwanda since 1994, these achievements are tarnished by high inequalities in income, health and education. Furthermore, they are characterised by economic injustices such as unfair land expropriation and the uprooting of farmers’ crops. Rwanda’s human capital development remains below the average for African countries due to a lack of quality education and high levels of malnutrition among children below five years. Only 41 per cent of households in Rwanda are considered to be substantially food secure. The private sector’s contribution to growth has remained small and growth is predominantly led by state-owned enterprises and those belonging to the ruling party. Overall, Rwandans have been consecutively ranked among the bottom five least happy populations on the global happiness index.
Failure to effectively engage citizens in decision-making has also resulted in the implementation of development policies that do not meet the immediate needs of the population.
Over the past three decades, curtailed civil liberties and mounting social inequalities have seen Rwandans seek refuge abroad and prevented from returning to their homeland those who had fled Rwanda after the RPF took power in 1994. This situation has exacerbated the issue of Rwandan refugees that has persisted since Rwanda’s independence.
In particular, under President Kagame, the unresolved issue of Rwandan refugees settled in Rwanda’s neighbouring countries has been a source of political tensions between Rwanda and its neighbours. The Rwandan government has maintained that there are negative forces resident in eastern DRC that are out to destabilise Rwanda, a reference to the Democratic Forces for the Liberation of Rwanda (FDLR). The FDLR is an armed group formed by Rwandan refugees in DRC who, following their forcible eviction from Rwanda during the genocide, resorted to armed struggle as a means of retaking power in Rwanda. Despite Rwanda’s armed forces launching military operations against the FDLR on numerous occasions on Congolese soil in collaboration with the Congolese army, the Rwandan government continues to insist that the FDLR is a threat to Rwanda’s security.
The United Nations has twice – in 2012 and 2022 – accused Rwanda of supporting the M23, an armed group that is fighting in the eastern DRC. This conflict has displaced populations and led to the death of millions of African civilian lives. In 2016, the UN Security Council accused Rwanda of recruiting and training Burundian refugees with the aim of ousting the then Burundian president Pierre Nkurunziza. Western countries have suspended or withheld aid to Rwanda over allegations that it supported the M23 in 2012 and some of Rwanda’s donors have recently publicly called on the Rwandan government to stop supporting the M23 and remove its troops from eastern DRC. The European Union and United States of America have sanctioned Rwandan military officials for backing the M23. The US has placed Rwanda on the Child Soldiers Prevention Act List and suspended its military aid to the country due to Rwanda’s support of the M23, which the US says recruits and uses child soldiers. Not only do these allegations of Rwanda’s involvement in the regional conflict further tarnish the country’s image that Kagame’s administration has worked hard to restore, but the tensions with neighbouring states have also prevented Rwanda from maximising the benefits of regional integration and trade for its development.
President Kagame should not run for a fourth term as the governance of Rwanda needs to be reformed so that it becomes more tolerant of critics, democratic and inclusive. To successfully implement such reforms in governance requires a new leadership with fresh perspectives and approaches that will be able to build on Kagame’s achievements in order to address unresolved historical grievances of Rwandans and at the same time enable Rwanda to maximise its potential in the region and experience genuine development.
President Kagame should not run for a fourth term as the governance of Rwanda needs to be reformed so that it becomes more tolerant of critics, democratic and inclusive.
Considering Rwanda’s history of long-serving strongmen who have taken power, retained it and lost it through violence, the 2024 presidential election is an opportunity for Rwandans to experience the transfer of power in a peaceful and transparent manner as has been the case in neighbouring countries including Burundi, DRC and Tanzania. It is an opportunity for Rwanda to move away from strongman leadership to enable the emergence of strong institutions to take the lead instead. This can be achieved by building on the legislations that have been reviewed and implemented under Kagame’s leadership. Therefore, while recognising with gratitude the achievements that he has made over the past three decades, Kagame’s greatest achievement yet would be to step away from power at the end of his term in 2024. In so doing, Kagame will have paved the way for better leadership in Rwanda and opened the door to future generations of Rwandans aspiring to become leaders in Rwanda.
Why Kenyans Demanded an Apology from King Charles
The traumatic legacy of British colonialism lingers in Kenya to this day, and this is why Kenyans were demanding an apology from King Charles.
Many British people are surprised that King Charles’s visit to Kenya was not welcomed by many Kenyans and human rights organisations. People whose families had suffered at the hands of British colonialists during his mother’s reign demanded an apology for crimes committed. Although the British monarch expressed “deepest regret” for the atrocities committed by the British in Kenya, he fell short of making a public apology.
However, many Brits believe that there is nothing the king needed to apologise for. One presenter on Sky News even wondered why Kenyans were calling for an apology from the king given that Britain had done much “good” in the country. After all, he said, without any hint of irony, the British Empire had brought democracy to Kenya (how he equated imperialism with democracy beats me) and given Kenyans “the gift of the English language”.
It was obvious that the presenter had been taught British imperial history that has whitewashed the atrocities that the British Empire committed in its colonies around the world. British children are to this day taught that British colonialism was a “civilising mission” that brought modern education and infrastructure, in addition to Christianity, to regions that were steeped in ignorance and backwardness. Apologists for the British Empire, such as the historian Niall Ferguson, author of Empire: How Britain Made the Modern World, argue that Britain should be congratulated for conquering the world because British civilisation brought science and technology to people who held superstitious beliefs, and injected a “work ethic” in populations that were lazy and lacking in imagination. This is sort of like saying that slave owners did slaves a favour by shipping them to the Americas and forcing them to work for free because these slaves are now US citizens and enjoy all that America has to offer (even though it took them four centuries to gain rights as equal citizens).
A few months ago, the editor of a German magazine contacted me to ask whether I could submit an article on the atrocities the British had committed in Kenya during colonialism. He told me that while his magazine had documented human rights violations by German and Belgian colonialists in places like Namibia and the Democratic Republic of the Congo, it had largely ignored the violations committed by Britain in places like Kenya because the majority of Germans believe that British colonialism was not as brutal as that of other European powers, and that its net impact on its colonies in Africa had been positive. It dawned on me that perhaps Europeans are not being told the true story about colonialism and its horrific impact on Africans. So, here’s primer.
Erasure of memory
Kenya officially became a British colony in 1920, but prior to that, from 1895, it was deemed a “protectorate” – a term suggesting that the colonisers who grabbed the land were there to protect the interests of the “natives” who would benefit from being colonised. A widely held belief is that because Britain spearheaded the abolition of slavery, the British were “benevolent” colonisers, unlike the French and the Belgians who plundered and looted their African colonies. (In addition to extracting raw materials and exporting items such as ivory and rubber, the French and the Belgians also stole invaluable artefacts from their colonies in West and Central Africa, which today are displayed in museums across Europe, including in Britain, despite efforts by African governments to have these artefacts returned to where they were stolen from.)
Yet, those who care to join the dots between the anti-slavery movement and the colonisation of Africa are acutely aware of the fact that the Berlin Conference of 1884-85 (dubbed the “Scramble for Africa”) that carved up Africa among European nations, including Britain, took place just a few years after slavery ended. Because slavery was no longer legal and was costly to maintain, the only other way Europeans could extract cheap labour and highly profitable resources from Africa was by colonising the continent.
In order to justify colonisation in settler colonies like Kenya and Zimbabwe (formerly known as Rhodesia), it was necessary to erase evidence of atrocities committed by the Europeans. Many of these atrocities remained unacknowledged and unreported for decades because archival documents were either destroyed or deliberately concealed. British historian David M. Anderson, author of Histories of the Hanged: The Dirty War in Kenya, discovered that thousands of documents belonging to the British colonial administration were flown to London in 1963 on the eve of Kenya’s independence and remained hidden from the public for decades, despite attempts by successive post-independence Kenyan governments to have these “stolen papers” returned to Kenya.
The magnitude of these atrocities was finally revealed in 2005 when the Harvard historian Caroline Elkins’ book, Britain’s Gulag: The Brutal End of Empire in Kenya, was published. The book documents the many crimes that British colonial officers committed in Kenya in their relentless pursuit of wealth, land and power for themselves and in the name of the British Empire. Mau Mau fighters and their supporters were subjected to extreme forms of torture, including castration, whipping, waterboarding and electric shocks.
The areas where these Mau Mau revolutionaries were arrested, detained, tortured or killed in the 1950s were in and around the Aberdares mountain range in Central Kenya where Queen Elizabeth, during an official visit to Kenya, ascended to the throne after the death of her father, King George VI, in February 1952. Eight months after she became Queen of England and head of the British Empire, a state of emergency was declared in Kenya that allowed the British Colonial Office to detain people without trial. Many freedom fighters languished in camps or jails where they were subjected to torture.
Mau Mau fighters and their supporters were subjected to extreme forms of torture, including castration, whipping, waterboarding and electric shocks.
The Mau Mau rebellion was a reaction to the expropriation of some 7 million acres of the most fertile land in Central Kenya and the Rift Valley – dubbed the White Highlands – in the early part of the 20th century after the building of the Uganda Railway, which opened up the interior of East Africa for British colonisation and settlement. The indigenous population was pushed into so-called reserves while others became squatters on land that was once theirs, working for white farmers for very little wages.
Elkins estimates that between 160,000 and 320,000 detainees, mostly from the Kikuyu, Meru and Embu ethnic groups, were tortured or maimed by the British at the height of the Mau Mau rebellion in the 1950s, although official figures state that the number of detainees was no more than 80,000. It is estimated that more than 20,000 Mau Mau militants were killed. Further, more than a million people, mainly in central Kenya, were detained in camps or confined in villages known as “reserves” (which have been described as “concentration camps”) surrounded by barbed wire. Tens of thousands of people held in these dense and unsanitary guarded camps and villages died from hunger or disease.
To justify these atrocities, British officials painted the Mau Mau as savage “terrorists” because of the violent and brutal methods they used to hunt down and kill white settlers and local informers. Official figures show that Mau Mau fighters killed 32 British settlers and 1,819 indigenous people whom they believed to be spies for the British.
Today what the British Empire did in Kenya might be perceived as a form of ethnic cleansing, but because colonisation was not unfashionable then, the atrocities were not condemned, nor was anyone tried. It was only in 2011, during a landmark court case brought against the British by a group of Mau Mau veterans, that the British government, under legal pressure, admitted that the documents were in a high-security facility that also contained files from 36 other former British colonies. (In 2013, 5,228 Mau Mau veterans were awarded £20 million in compensation by a UK court, which amounts to roughly £3,000 per victim, a paltry sum given the suffering they endured.) One of these documents contained details of eight colonial officers stationed in Kenya “roasting detainees alive”. All of the accused officers were granted amnesty.
Official amnesia and disinformation were not just part of a deliberate campaign by the British Empire to whitewash the crimes it committed in its colonies in Africa and elsewhere, but also a strategy employed by post-colonial governments in Kenya to cloak their own complicity in ensuring that British interests in the country were preserved.
Post-independence Kenyan elites benefitted from colonial policies that alienated Africans from their own land and became the biggest beneficiaries of post-independence land grabs disguised as land redistribution or adjudication. After independence, the so-called home guards or loyalists became the biggest beneficiaries of land and political power. According to Kenya’s 2013 Truth, Justice and Reconciliation Commission report, “Rich businessmen and businesswomen, rich and powerful politicians who were loyal to the colonial administration, managed to acquire thousands of acres at the expense of the poor and the landless.” Hence, “instead of redressing land-related injustices perpetrated by the colonialists on Africans, the resettlement process created a privileged class of African elites, leaving those who had suffered land alienation either on tiny unproductive pieces of land or landless.” Even today in Kenya, members of freedom fighting movements like the Mau Mau remain landless and poverty-stricken while those who sided with the colonialists are among the richest people in the land.
After independence, the so-called home guards or loyalists became the biggest beneficiaries of land and political power.
The Mau Mau remained a proscribed organisation for four decades after independence. It was only in 2003, when Mwai Kibaki became president, that the Mau Mau were recognised for the role they had played in Kenya’s struggle for independence. Kenyatta Day on 20 October was renamed Mashujaa Day (Heroes Day) to commemorate all those who died while fighting for freedom. In 2007, a statue of Dedan Kimathi was erected in Nairobi’s central business district, and in 2015, following the 2013 UK court decision to compensate Mau Mau veterans, the British government put up a Mau Mau memorial sculpture in Nairobi’s Uhuru Park “as a symbol of reconciliation between the British government, the Mau Mau and all those who suffered”.
Despite these symbols of reconciliation and healing, the traumatic legacy of British colonialism lingers in Kenya to this day. This is why Kenyans were demanding an apology from the King – because the wounds have not yet healed. While a public apology might not have been enough to completely heal the wounds and traumas of the past, it would have been an important first step.
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